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Discussion Topic  RE: Any way this is not Double Jeopardy (in Criminal) by david curl
The issue in this case is whether a trial for assault of a public servant, after the defendant had b......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: motion for reconsideration en banc (in Appellate) by david curl
I guess they're each entitled to their interpretation -- since they are each the final authority. B......
TDCAA > TDCAA Community > Appellate

Discussion Topic  motion for reconsideration en banc (in Appellate) by david curl
Interesting case out of the Tex. Sup. Ct. today holding that a motion for reconsideration en banc is......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Intox Aslt / Agg Aslt (in Criminal) by david curl
I think you can just have the trial court delete one of the convictions to solve a double jeopardy p......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consular notification and Vienna Convention (in Criminal) by david curl
Isn't it his obligation to show that there is a bi-lateral treaty with Mexico. (There is one, but I......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consular notification and Vienna Convention (in Criminal) by david curl
Is this it? ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Officer answers cell phone (in Criminal) by david curl
I'm not clear on what objection you are worried about. Let's assume first that you get an illegal......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Another Quick Question (in Criminal) by david curl
James v. State, No. 09-01-500 CR, 2002 WL 999770 at *1 (Tex.App.-Beaumont May 15, 2002, no pet.) (no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Sever? (in Juvenile Law) by david curl
You might look at In re D.L., 160 S.W.3d 155,162 (Tex.App.-Tyler 2005) (court looks to TEX. R. CIV. ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Promiscuity Defense (in Criminal) by david curl
since you don't need to prove a criminal offense, why should it matter whether he had a "defense" ? ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Manslaughter and Intox Manslaughter - 2 count indictment (in Criminal) by david curl
Doesn't Landers v. State, 957 S.W.2d 558 (Tex. Crim. App. 1997)say that any double jeopardy problem ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Apellant refuses to file brief, Case is stuck (in Appellate) by david curl
They told me in Kersh that dismissal was not an allowed option but they did acknowledge that there i......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Apellant refuses to file brief, Case is stuck (in Appellate) by david curl
I don't think there's anything you can do if the coa wants to keep messing around with the case. I ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Need Quick Answer About Impeachment (in Criminal) by david curl
I don't think you need to give Rule 404(b) notice of evidence offered to impeach the defendant on cr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Whiskers (in Criminal) by david curl
Shoe wasn't submitted until May 25, 2005 -- it took some time to get an appellate attorney appointed......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DS minimum ? (in Juvenile Law) by david curl
looks like an indeterminate sentence to me....
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  Law prof gets conviction reversed (her's that is) (in Appellate) by david curl
Anybody notice the Dallas Court's holding that (1) aggravated assault by threat with d/w and (2) agg......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Enhancing DWI to Felony--???--- (in Criminal) by david curl
Does this help: In his two points of error, appellant contends he should not have been convicted of......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Juvenile Turned 18 w/o Petition (in Juvenile Law) by david curl
Can't use 51.0412 because a petition wasn't filed. Can't use 54.02(j) because juvenile was only 14 ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: A Dumb Andrea Yates Question (in Criminal) by david curl
I don't think "new evidence" has any significance. The first jury answered the FD special issue "no......
TDCAA > TDCAA Community > Criminal


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